Human Rights Commissioner Tim Wilson calls for end to 'state-sanctioned discrimination' on marriage

The Abbott-government appointed Human Rights Commissioner, Tim Wilson, has delivered a blistering attack on "state sanctioned discrimination" targeting lesbian, gay, bisexual, trans and intersex people as the Coalition grapples with the issue of same-sex marriage.

Mr Wilson has released a report calling for an amendment to the Marriage Act 1961 to recognise equally the partnership of two adult persons regardless of gender.

Tim Wilson says state and federal laws set an example of discrimination. Photo: Louie Douvis

"State-sanctioned discrimination through the issues directly related to marriage are quite explicit and need to be properly addressed," he said.

"The practical reality is when the government comes along and says we have a different class of citizen and they should be treated differently, it legitimises and licences other types of discrimination against that same group within the community, whether it's by other institutions or between individuals," he said.

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"It is quite clear that the majority of Australians support a change in the act. I believe they do so, not because they are radicals, I believe they do so because they recognise that there is a public benefit to stable and enduring human relationships, whether they are heterosexual or homosexual."

"By doing so it will establish a very clear sign to the entire Australian community that people shouldn't be discriminated against based on their sexual orientation or gender identity," he said.

Human Rights Commissioner Tim Wilson says it is clear the majority of Australians support a change in the Marriage Act. Photo: Alex Ellinghausen

The Human Rights Commission held dozens of meetings with 70 organisations across Australia from Fitzroy Crossing to Hobart and conducted an online survey in December of more than 1500 people.

More than 70 per cent of respondents in the survey said they had experienced violence, harassment or bullying on the basis of their sexual orientation, gender identity or intersex status, and more than 90 per cent said they knew someone who had experienced it.

"I've met with people directly that have actually faced physical violence, or been shot, or had serious harm inflicted on them by people," Mr Wilson said.

"Certainly there are unacceptable rates of violence that occur and particularly for people on the basis of their gender identity there seems to be a scarily common theme that they face," he said.

He said people can be attacked just because they are a member of the LGBTI community.

"By and large that's what the survey data shows and of course that can range from two blokes walking down the street holding hands to of course a transgender person. That is fundamentally the problem, there has always been issues around what you would once upon a time called gay bashing," Mr Wilson said.

"I've no doubt that there has been progress in that space but there is a long way to go, particularly once you get outside certain inner-city areas and go out to the suburbs or regional communities or to remote communities," he said.

"The practical reality is … there are very real human experiences of violence that need to be addressed and some of that is informed by culture, some of that is informed by other factors, but these issues need to be tackled head on because there is no place for violence against people simply because of who they are in our society," he said.

The watershed report, Resilient Individuals: Sexual Orientation, Gender Identity & Intersex Rights, also calls for options other than a Family Court Order for access to hormone treatment for children under the age of 18.

State and Territory laws are also badly in need of reform according to the 100-page report with recommendations including:

Queensland and South Australia legislate to abolish the homosexual advance defence

Northern Territory, Queensland, South Australia and Victoria amend laws to allow couples to adopt children based on their capacity, not their sexual orientation, gender identity and intersex status, and;

Through The Council of Australian Governments, all states and territories to review the nationwide ban on commercial surrogacy

The inclusion within family and domestic violence strategies of measures to address violence in same-sex relationships, and toward trans and gender diverse people